Education Act 1996

238 Replacement of proposed initial first or foundation governors before incorporation

(1) Where proposals published under section 193 are pending in respect of a county school and a person selected under section 236(1) to be a first governor—

(a) dies,

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the existing governing body.

(2) Where proposals published under section 193 are pending in respect of a voluntary school and a person selected under section 236(2) to be a foundation governor—

(a) dies,

(b) becomes prospectively disqualified for holding office as such a governor on the proposed governing body, or

(c) notifies the existing governing body that he is no longer willing to serve on the proposed governing body,

the Secretary of State shall modify the proposals by including in them (in substitution, where appropriate, for any particulars they supersede) the relevant particulars in respect of a person nominated by the person or persons named in the school’s instrument of government as being entitled to appoint the foundation governors (as defined by section 78(2)) to the existing governing body.

(3) Subsections (8) and (9) of section 236 apply for the purposes of subsection (2) above as they apply for the purposes of that section, but as if references to selection were to nomination.

(4) The existing governing body shall—

(a) give the Secretary of State notice in writing of the occurrence of any event within subsection (1) or (2),

(b) make or secure the making of any nomination required for the purposes of this section, and

(c) give the Secretary of State written notification of the relevant particulars in respect of any person nominated under this section.